Pledge as Collateral - Explained
What does Pledge as Collateral Mean?
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What does it mean to Pledge Assets as Collateral?
To pledge assets as collateral (or Pledging) is the act of offering assets as collateral to secure loans. Assets pledged can be in the form of security holdings and act as assurance for recovering the borrowed amount should a borrower fail to pay up.
Back To: COMMERCIAL LAW: CONTRACTS, PAYMENTS, SECURITY INTERESTS, & BANKRUPTCY
How Does Pledging Assets as Collateral Work?
Borrowers and Lenders - Pledgers and Pledgees, negotiate an agreement to pledge certain assets as collateral. It provides pledgees a sort of guarantee that their money can be recovered, while allowing pledgers to get better interest rates on loans or mortgages.
Different Types of Pledging
- Pledged-Asset Mortgage - Ideal for people in higher income brackets, it is recommended when the eventual return on investment on the pledged assets far exceeds the interest rate of the loan acquired. This also brings down the tax rates levied on the pledged securities providing pledgers benefits on both ends. It also allows people to become property owners without down payments. This is also called a secured loan and involves the transfer of securities/collateral to the lenders name until the loan is paid in full. It does not involve selling the securities, just transfer of deeds to a different name.
- Hypothecate Pledging - In this scenario, there's no transfer of deeds to the lenders name in order to pledge assets as collateral for borrowing loans. The borrower retains the rights to the pledged assets like a house or a portfolio of securities with the understanding that the lender may take possession of the same should the borrower fail to pay the loan dues.
- Secured Transactions Law (Intro)
- What is a Security Interest?
- Pledge as Collateral
- Cross Collateralization
- After-Acquired Collateral
Unsecured Loan Definition
- Unencumbered Asset
- What is a Secured Creditor?
- Unsecured Creditor
- What are the benefits of security interests for creditors?
- Limited Recourse Debt
Uniform Commercial Code - Article 9
- What are the common types of security interest in real property (land)?
- What is a mortgage?
- How does a security interest protect the mortgage holder?
- Lis Pendens
- Deficiency Judgment
- What is a Deed of Trust or Security Deed?
- What is a Land Sale Contract?
- What is a security interest in personal property?
- How does one establish a security interest in personal property?
- What is Perfection of a security interest?
- What are the methods of perfecting a security interest in personal property?
- UCC-1 Statement
- How does one establish a security interest in real property (land)?
- Register of Deeds
- What is Automatic Perfection of a security interest?
- What is a Purchase Money Security Interest (PMSI) in consumer goods?
- What is a Purchase Money Grace Period for a PMSI in non-consumer goods?
- How does one continue perfection of a PMSI in non-consumer goods?
- What is Temporary Automatic Perfection in Proceeds from the sale of goods?
- How is a security interest created in Assignment of Accounts Receivable and Contract Rights?
- How does one perfect a security interest by Possession of the collateral?
- How does on perfect a security interest by Control of collateral?
- How does one perfect a security interest by Filing a Financing Statement?
- What authorization is required to file a financing statement?
- Where is the appropriate office to file a financing statement?
- Continuation Statement
- What is Priority of a security interest?
- What role does perfection play in establishing the Priority of a secured party?
- What are the common conflicts arising as to priority of a security interest?
- What is the priority of parties secured by common law and statutory liens?
- Lien - Definition
- Blanket Lien Definition
- Unperfected Lien
- Possessory Lien
- Non-Possessory Lien
- Tax Lien
- Mechanics Lien Definition
- Construction Lien
- Cloud on Title
- What is the priority of a buyer of collateral that is subject to a security interest?
- What is required to be a buyer in the ordinary course of business?
- How does 9-320(b) protect consumers who purchase goods from other consumers?
- What is the Shelter Principle?
- What are the general Priority Rules for Conflicting security interests?
- Subordination Agreement
- Who has Priority in Proceeds from the sale of collateral?
- What is a secured party's priority in future advances to a debtor?
- What is the priority of a PMSI in goods (other than inventory and livestock)?
- What is the priority of a PMSI in inventory?
- What is the priority of conflicting PMSIs?
- What is the priority of security interests in fixtures?
- What is the scope of fixture priority rules?